Chapter VI MISCELLANEOUS

Act to be binding on apartment owners, tenants etc.

1. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument and all apartment owners, tenants or owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder : Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the commencement of this Act.

Power to exempt stamp duty, registration fee and court fees and power to refund

1. (1) The Government may, by notification in the Government Gazette, reduce or remit, whether prospectively or retrospectively from a date not earlier than the date of commencement of this Act,-
   • (a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instruments or documents executed by or on behalf of a promoter, apartment owner or Association of Apartment Owners relating to any of the purposes of this Act are respectively chargeable;
   • (b) any fee payable by or on behalf of any promoter, apartment owner or Association of Apartment Owners relating to instruments or documents referred to in clause
   • (a) under any law relating to registration of documents or to court-fees, for the time being in force, and which the Government is competent to levy
2. (2) The Government may refund the amount of any duty or fee paid in pursuance of any law referred to in sub-section
3. (1) in such circumstances, to such extent and subject to such terms and conditions, if any, as the Government may, by order, determine.

Removal of doubts It is hereby declared that the provisions of the Transfer of Property Act, Samvat 1977 shall, in so far as they are not inconsistent with the provisions of this Act, apply to the transfer of any apartment, together with its undivided interest in the common areas and facilities appurtenant thereto, made by the owner of such apartment, whether such transfer is made by sale, lease, mortgage, exchange, gift or otherwise, as they apply to the transfer of any immovable property.

Power to make rules

1. (1) The Government may, by notification in the Government Gazette make rules to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the purposes, other than the purposes specified in section 2, for which any multi-storeyed building may be utilised ;
   • (b) the type of independent uses, other than the uses specified in clause
   • (c) of section 3, which may be made of an apartment ;
   • (c) the community and commercial facilities which may be included in common areas and facilities under sub-clause
     • (vii) of clause
   • (j) of section 3 ;
   • (d) the scale of composition fees which may be paid under section 8 for the breach of the terms and conditions of any lease or sub-lease ;
   • (e) the scales in accordance with which the amount to be paid for the ejectment of any apartment owner from his apartment, shall be determined as required by sub-section
3. (7) of section 8 ;
   • (f) the form and manner in which, and the period within which, an instrument referred to in clause
   • (b) of section 9, shall be executed and registered ;
   • (g) the form in which the Register of Deeds of Apartments under the Jammu and Kashmir Apartment Ownership Act, 1988 and the index relating thereto shall be kept and the particulars which such Register shall contain as required by sub-section
4. (2) of section 14 ;
   • (h) any other matter which is required to be, or may be prescribed.